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answered on Dec 11, 2024
Are you talking about a cancellation fee that the parties agreed to in a legally valid and legally executed contract or lease, with no factors rendering the making of the agreement itself a problem (such as a party being the victim of fraudulent inducement, or being subject to duress, or being... View More 
We have repeatedly asked to send us a bill/invoice for work done but have not received one. Now we can't seem to get a hold of anyone. Any recourse or advice?
answered on Nov 26, 2024
Send a certified letter to the company asking for a bill. Retain the amount of money you believe is owed in a savings account or other account that you are not tempted to use for a minimum of 5 years from the completion of the project. (If you think you might owe $5k, retain $6k, etc., to be on... View More
i would like to remove him ...can it be done?
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answered on Nov 22, 2024
Removing him from the deed will require his signatures. This is exactly why I advise my clients never to “add” children to their deeds. This is a classic do-it-yourself estate planning mistake that might conceivably cost you way more than you would have spent on proper estate planning. If your... View More
gave plenty of time for delivery. sent email giving them a deadline (even gave more time on that) after waiting almost two months.
answered on Oct 9, 2024
You can send them a demand letter notifying them they have a certain time frame to deliver the goods or you will be filing suit on that date. Realistically, it is not worth filing a lawsuit for an amount under $200, so the demand letter should be used as a tool to begin negotiations. Additionally,... View More
I plan to visit the dealership again to secretly record conversations regarding the $3,000 down payment, terms of financing, and other details for my case.
As Florida is a two-party consent state, I am concerned about whether it is legal to record these conversations inside the... View More
answered on Oct 8, 2024
You first posed a question about the affect of not affording therapy on an emotional distress claim, and you then stated a concern about recording a conversation, which I take to mean a question asking if you can record in the setting you described without asking permission. You did not connect... View More
The Complaint has a typed name but no signature. The exhibits all have my name added to the top of the page but are not related to me in any other way.
answered on Sep 20, 2024
If you received a SUMMONS with the court complaint, you must comply with the instructions in the summons, which notifies the named defendant that failure to file a response may result in the defendant's money, wages, or property being taken without further notification. Any defenses or... View More
I applied for an apartment and was asked to pay an application fee of $290. Later the management team had a server change and I was asked to pay the application fee again. It was $60 this time. I paid another $60 because the front desk said they could refund the money back through bank or credit on... View More
answered on Sep 17, 2024
Yes, you appear to have a viable claim against the management company. There are several causes of action that seem applicable. I think you need to apply some pressure, as I'm not sure what their intention was, but the optics aren't great for them and this could be seen as stealing. I... View More
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answered on Jul 26, 2024
To request a dismissal with prejudice from the FL case 1:23-cv-21976 Zuru lawsuit, you need to file a motion with the court. Begin by drafting a motion to dismiss, clearly stating your reasons for seeking dismissal with prejudice. Make sure to reference any relevant legal grounds and case law that... View More
answered on Jul 25, 2024
Based on your query about requesting dismissal with prejudice from a Florida case, here are the key steps and considerations:
Understand "Dismissal with Prejudice":
This means the case is dismissed permanently and cannot be refiled.
It's a final judgment on... View More
After I picked up my car at the body shop, I checked the video recording of the installed dashcam and found out that some employees took a joyride during working hours, on my car and were trying to teach another employee how to drive a manual transmission.
answered on Jul 17, 2024
A civil lawsuit normally requires money damages. Unless there is a statute imposing punitive damages, such a suit for using your car would bring you pennies, at least, so it probably wouldn't be worth your time and expense. Also, the body shop might well contend that it was necessary to see... View More
I was notified on 5/9 that my policy would terminate 5/19 because Lula had been acquired. There is a FL mandate that sets the minimum to 45 days unless the reason for termination is not paying, which this clearly is not. I only saw the email a day prior to termination and now I have a gap on my... View More
answered on Jun 19, 2024
A Florida consumer rights attorney could advise best, but you await a response for five weeks. For an attorney to make a call whether your situation is bad faith on the part of the carrier requires more information on your state's guidelines for terminations. It's possible the Florida... View More
The contractor failed to get the necessary inspections so had to tear out work that was already paid for and almost finished. After the inspection he's claiming there's an outstanding balance now. He will now redo any work and considers the contract closed. If I want him to come back... View More
answered on Jun 19, 2024
For construction projects, the parties' rights and obligations are generally dictated by the terms of the contract or agreement. It will be difficult for any lawyer to answer this without reviewing your contract. Florida has a "prior breach" doctrine which can sometimes excuse one... View More
Smile direct club filed for bankruptcy and their financing company is still trying to charge my account. I won the dispute with them and my bank. They are now threatening me to pay the full balance of over $2,000 for a “breach of contract”, although they breached the contract when they could no... View More
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answered on Jun 19, 2024
Based on the information provided, it seems that you have a strong case against Smile Direct Club and their financing company. Here are a few reasons why it might be worth considering hiring a lawyer:
1. Bankruptcy proceedings: With Smile Direct Club filing for bankruptcy, the legal... View More
I want to sell a hair growth formula I created. It is a blend of 5 essential oils. I want 3 of them to be kept private. The reason for this is because this specific formulation and combination of oils is currently not on the market and I would like to keep my unique formula protected. Would I be... View More
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answered on Jun 15, 2024
When selling a hair growth oil, you generally need to comply with cosmetic labeling regulations, which typically require listing all ingredients on the product label. This ensures transparency and helps consumers make informed choices, especially if they have allergies or sensitivities.... View More
Can i cancel even though the clause states 15 days after signing? His wife decided to bury him in Texas
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answered on Jun 5, 2024
To determine if you can cancel the burial service despite the clause stating a 15-day period, start by reviewing the contract for any exceptions or additional clauses regarding cancellations. Sometimes contracts include special provisions for unexpected situations or changes in plans.
Next,... View More
I want to file a civil suit against a large company for fraud, my time and frustration & future credit monitoring. I either need an attorney to represent me or advise me on what to file. This is a very large company; I have all the proof needed, I filed a complaint with DocuSign, Microsoft, My... View More
answered on May 8, 2024
First, "time and frustration" is not a legally compensable element of damages in most types of cases. What matters most in this type of case is what actual legally compensable damages you suffered. How much money did you have before your dealings with this company that you parted with... View More
I was in an accident and received no citations but my car was declared a total loss. I was promised no storage fees from the body shop my vehicle was held in while waiting for a decision from insurance. They ended up chsrging over $5k in storage fees which my insurance then deducted from the... View More
answered on May 3, 2024
Unfortunately, this does happen. The storage facility will charge storage and unless you got the promise that there were not going to be storage charges in writing it will not be binding. GAP Insurance ordinarily covers the “gap” between what is owed in the vehicle and the fair market value the... View More
per rule 1.710 Fl rule civil procedure, not only atty but also the client MUST appear, but my opponents atty say they only will appear.
answered on Apr 29, 2024
I believe you are mis-reading Florida Civil Rule 1.720 (b). The phrase "deemed to appear" doesn't REQUIRE both the client AND the attorney to appear. The filing of a confirmation of authority required under subdivision (e) would solve any problem; see subdivision (f).
No Fruit Trees - HOA?
Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.
However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More
answered on Apr 21, 2024
Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More
I received a refund for a disputed charge and then without warning or them contacting me in anyway, they posted a new charge for that amount. Keep in mind I waited a few months before I touched the refund, I was worried that it was just a provisional amount so I waited their processing time, and... View More
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answered on Apr 21, 2024
It is generally not appropriate for a company to issue a refund for a disputed charge and then make a new charge for the same amount without prior notice or agreement from the customer. This practice could be seen as deceptive and may violate consumer protection laws.
However, there are... View More
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